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Public Prosecutor v George [2017] VUSC 183; Criminal Case 2022 of 2017 (9 October 2017)

PUBLIC PROSECUTOR

V

WILLIAM GEORGE

Date of Sentence: 9th day of October, 2017 at 9:00 AM
Before: Justice Oliver Saksak
In Attendance: Philip Toaliu for Public Prosecutor
Jacob Kausiama, Public Solicitor for Defendant

SENTENCE

1. William George, you pleaded guilty to one count of possession of cannabis contrary to section 2 (62) of the Dangerous Drugs Act CAP. 12 on 1^st September, 2017. You are here for sentence today.
   
2. The facts of your offending are simple. On 9^th January 2012 at Agathis Area, Port Vila, you had in your possession some dry cannabis leaves weighing 57.15 grams. You have admitted to having cannabis leaves in your possession.
   
3. In sentencing you today I have read the Prosecution submissions filed on 14^th September 2017 and also the Defence Submissions filed on 19^th September 2017. I have also read the Pre-Sentence Report dated 11^th September, 2017.
   
4. I accept the Prosecution submissions that your sentence should be a custodial sentence, but with suspension and community work order in addition. I note that you were convicted in 2009 or 2010 but there is no clear record of that previous conviction. I note also that you have smoked and sold the substance in the past. You have been frank and honest about dealing with the substance in the past and that you are a disabled person using a pair of crutches to support yourself due to a spinal cord injury in 2001. I note your early guilty plea for an offence occurring back in 2012.
   
5. The Court must however impose a custodial sentence to ensure there is a deterrent factor for you and for other like-minded persons.
   
6. I therefore impose an end sentence of 7 months imprisonment but with suspension for a period of two (2) years on good behavior under section 57 of the Penal Code Act. This means that if within 2 years you commit this offence again or any other offence for which you are charged and convicted, you will go to prison to serve your 7 months sentence.
   
7. In addition, I consider and accept that you should do community work of 40 hours. And I so order.
   
8. You have a right of appeal against this sentence if you do not agree with it. But you have 14 days to do so.
   

DATED at Port Vila this 9^th day of October, 2017

BY THE COURT

...........................

Oliver.A.Saksak

Judge